All appeals filed by the prosecutor against the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Defendant B, with the intention of co-processing, shared the Defendant’s act of implementation with Defendant A with the intent of co-processing, and had the decision-making authority necessary therefor.

Nevertheless, Defendant B participated in the crime of Defendant A as a joint principal offender.

The judgment of the court below that judged the lack of recognition and found Defendant B not guilty of the facts charged in this case is erroneous in the misapprehension of facts.

B. The sentence against Defendant A (two years of the suspended sentence of imprisonment for eight months) of the lower court’s improper sentencing is deemed to be too uneasible and unfair.

2. Determination

A. In a criminal trial as to the assertion of mistake of facts, the prosecutor bears the burden of proving the criminal facts prosecuted in the criminal trial, and the finding of guilt must be based on evidence with probative value sufficient to confident the judge that the facts charged are true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is doubt about guilt against the defendant, it is inevitable to determine the defendant's interest (see, e.g., Supreme Court Decision 2009Do1151, Jul. 22, 2010).

It is difficult to see otherwise, and there is no other evidence to acknowledge this, and it is justifiable for the lower court to acquitted Defendant B of the facts charged in this case.

Therefore, prosecutor's assertion of mistake is without merit.

① In the process of determining the details of the contract regarding the acceptance of the instant case by Defendant B and determining whether to file a lawsuit or not, the victim is the victim.